GOVERNING LAW & JURISDICTION

1. Governing Law

These Terms, the Website, the purchase of Products, and any contractual relationship between the Customer and SAFEBIT TECHNOLOGIES PTY LTD shall be governed by, interpreted and enforced in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

2. Applicable Statutes

Without limitation, the following South African statutes may apply, as amended from time to time:

• Consumer Protection Act, 2008 (CPA)
• Electronic Communications and Transactions Act, 2002 (ECTA)
• Protection of Personal Information Act, 2013 (POPIA)
• Companies Act, 2008

Where applicable, principles of South African Common Law shall apply to any matter not expressly governed by statute.

3. Legal Venue

Any dispute, claim, action or legal proceeding arising out of or relating to these Terms, the Website, or the purchase of Products shall be submitted to the exclusive jurisdiction of the courts of the Republic of South Africa.

The Customer hereby consents to the jurisdiction of the Magistrate’s Court or the High Court of South Africa, as elected by SAFEBIT TECHNOLOGIES PTY LTD, notwithstanding that the claim may exceed the statutory monetary jurisdiction of the Magistrate’s Court.

4. International Customers

If the Customer accesses the Website or purchases Products from outside the Republic of South Africa:

a) such access or purchase is made at the Customer’s own initiative and risk;
b) the Customer remains responsible for compliance with applicable local laws; and
c) these Terms shall remain governed by South African law as set out herein.

Nothing herein shall be interpreted as a submission by SAFEBIT TECHNOLOGIES PTY LTD to the jurisdiction of any foreign state or tribunal unless expressly agreed in writing.

5. Dispute Resolution

Prior to initiating legal proceedings, the Parties shall attempt to resolve any dispute through good faith negotiations.

SafeBit may, at its discretion, refer disputes to alternative dispute resolution (ADR), including mediation or arbitration, administered under the rules of a recognized ADR body within South Africa.

Such ADR shall not preclude either Party from seeking urgent or interim relief in a competent court.

6. Severability

If any provision of these Terms is found to be unlawful, void or unenforceable under South African law, such provision shall be severed to the minimum extent required, and the remaining provisions shall continue in full force and effect.

7. Language

These Terms are drafted in English. In the event of discrepancy between translated versions and the English version, the English version shall prevail for purposes of enforcement and interpretation under South African law.